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Coal Industry Nationalisation Act 1946

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Version Superseded: 27/03/2004

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Coal Industry Nationalisation Act 1946, Section 64 is up to date with all changes known to be in force on or before 23 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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64 Application to Scotland.E+W+S

(1)The provisions of this section shall have effect for the purpose of the application of this Act to Scotland.

(2)For any reference to the High Court there shall be substituted a reference to the Court of Session; [F1the expression “charge or lien for securing money or money’s worth” includes a heritable security other than a standard charge constituted by section twelve of the M1Church of Scotland (Property and Endowments) Act 1925, and does not include any stipend;] the expression “easement” means servitude; the expression “leasehold interest” means the interest of a lessee in property subject to a lease, . . . F2.

(3)The assets vested in the Board by virtue of section five of this Act shall, so far as consisting of feudal property, include any right of superiority therein other than that of the Crown.

(4)Subsection (7) of section five of this Act shall have effect as if there were added at the end thereof the following paragraph:

(h)for the completion of the title of the Board to heritable property vesting in them by virtue of this section by the execution and recording in the General Register of Sasines of conveyances of or instruments relating to such property.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(6)Subsection (4) of section forty-one of this Act shall not apply to orders relating to land in Scotland or to personal estate to be laid out in the purchase of such land.

(7)Section forty-eight of this Act shall have effect as if in paragraph (c) of subsection (1) thereof for the reference to section seventy-nine A of the provisions therein mentioned there were substituted a reference to section seventy-two A of the provisions substituted by Part II of the M2Mines (Working Facilities and Support) Act 1923, as that Part applies to Scotland for sections seventy-one to seventy-eight of the M3Railways Clauses Consolidation (Scotland) Act 1845.

(8)Section forty-nine shall have effect as if in subsection (3), for the words “under the Limitation Act 1939”, there were substituted the words “by prescriptive possession”.

(9)Documents belonging to the [F4Corporation] shall for the purposes of subsection (1) of section five of the M4Public Records (Scotland) Act 1937, be deemed to be records belonging to His Majesty.

(10)Section sixty-one shall have effect with the substitution for any reference to the Lord Chancellor of a reference to the Secretary of State.

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